Rhode Island Code of Regulations
Title 280 - Department of Revenue
Chapter 30 - Division of Motor Vehicles
Subchapter 20 - Dealer Licensing and Registration
Part 1 - Dealers, Manufacturers, and Rental Licenses
Section 280-RICR-30-20-1.7 - Administrative Policies - Motor Vehicle Dealers
Universal Citation: 280 RI Code of Rules 30 20 1.7
Current through September 18, 2024
A. Application
1. Every dealer must fill out an
application for a dealer's license on a form prescribed by the Department.
Every applicant for a motor vehicle dealer's license must furnish with the
application four photographs showing front view, right side view, left side
views, and the rear view of the premises, except in case of renewal.
B. Change in Members of a Partnership of Officer of A Corporation of Association
1. The Department must be notified within ten
(10) days, in writing, on whatever forms the Department may require, if there
is a change in members of a partnership or officers of a corporation or
association licensed by the Department. If the location does not meet the
minimum requirements, as amended then at least one (1) of the present owners,
partners or corporate officers on record must remain on record for a minimum of
six (6) months after the effective date of such change. The license is not
subject to transfer at any future date without application to, and approval
from the Department. The Department may revoke the license of a corporation
when the officers are changed and the new officers are unfit to do business as
a dealer under R.I. Gen. Laws §
31-5-11.
C. Retiring from Business
1. When a licensee retires from business, the
licensee must return his or her dealer's license, dealer plates, temporary
plates, and loan agreement forms to the Department on or before the date of
such retirement or closing.
D. Record of Vehicles Bought and Sold
1. Dealers are required to maintain a book or
other system in which shall be recorded a complete description of all vehicles
bought and sold, vehicles taken in trade, including the name and address of the
previous owner and new owner, date of transaction, make of vehicle, year, type,
model and motor number, and a copy of every title signed by the purchaser at
the time of sale acknowledging receipt of or the presence of such
valid/negotiable title. This book or other system shall be open for inspection
by employees of the Department, division of motor vehicles inspectors, police,
employees of the Department of Attorney General, or any other proper officers
at all times during hours of business.
E. Bills of Sale
1. Every dealer must give a bill of sale with
each vehicle purchased, and must maintain a copy of the bill of sale as part of
the records required above in §
1.7(D) of this Part, above. The bill of
sale must be numbered and contain the dealer license number, odometer reading,
and must state what warranties are being given. If no warranty is given, this
must also be stated on the bill of sale. The bill of sale for all used vehicles
must also contain a notice to the buyer which clearly and conspicuously states
as follows:
a. "Attention purchaser: Rhode
Island law requires that all motor vehicles sold at retail must be in such
condition as to pass a State safety inspection at the time of sale so as to
protect consumers".
F. Titles
1.
Title shall pass from the dealer to the consumer at the time of sale, unless
such vehicle is to be registered by said dealer, then a maximum of twenty (20)
days from the date of sale shall be allowed. Dealer must obtain a signed
receipt from the buyer. The receipt must be kept by the dealer. If the dealer
is not able to produce a receipt, it shall be presumed that the title was not
given to buyer.
G. Special Use Vehicles
1. Demonstrators: The
word "Demonstrator" shall be understood to refer to a motor vehicle which has
never been sold to a member of the public; this term describes cars used by
automobile dealers or their salespeople and shall be so identified in writing
on the bill of sale when sold and/or advertised for the first time at
retail.
2. Executives' and
Officials' Cars: "Executive" and "Officials" motor vehicles must have been used
by executives, personnel of a motor vehicle manufacturer, distributor, or a
dealer, and shall be so identified in writing on the bill of sale when sold
and/or advertised for the first time at retail.
3. Taxi-Cabs, Police Cars, Leasing Cars,
Rental Cars, etc.: Such vehicles shall be so identified in writing on the bill
of sale when sold and/or advertised dealer-to-dealer up to and including the
first retail buyer. This rule shall apply to salvaged, restored, and other
vehicles with extensive damage as may be determined by the
Department.
H. Dealer Plate Allocation
1. The Department will
allocate dealer plates in proportion to the amount of sales of licensed
dealers. All new dealers shall be issued three (3) plates at the time of
licensing. At the end of six (6) months, and from time to time thereafter, such
dealer may apply to the Department for additional plates by establishing sales
that would indicate its sales over a period of one (1) year. For each one
hundred (100) sales per year, a dealer will be issued three (3) plates; this
includes the three (3) plates originally issued. Any dealer engaging in the
unconscionable practice of loaning or leasing a dealer plate is subject to
immediate revocation of license. Dealer plates used by unauthorized persons
shall be immediately seized by the Department or other appropriate law
enforcement agency and the dealer to whom the plates belong will be subject to
immediate revocation of license. Every year, upon renewal of a dealer's
license, the Department shall review the prior sales of the dealership to
determine whether or not the dealer is entitled to the number of plates already
issued. In the event that the dealer's sales no longer qualify the dealer for
the number of plates already issued to it, the Department shall have the
authority to request a hearing before the Board at which time the dealer will
be required to present all bills of sale from the prior year. A dealer must
report all lost or stolen dealer plates to the Department. Any licensee who
wished to replace a lost or stolen dealer plate must appear in person with a
copy of a police report at the Department and execute an affidavit required by
the Department. Any plate reported lost or stolen cannot be used upon being
found or returned to the dealer. Dealers who desire additional dealer plates
must apply, in writing, to the Department stating the amount and reason(s) for
such a request, and in addition, must complete the form(s) required by the
Department, subject to Department approval.
I. Dealership Name Change
1. Whenever a licensee wishes to change the
name of their licensed dealership, a licensee may apply to do so on whatever
form(s) the Department requires, providing the owner, partners, or corporate
officers on record, remain on record under the new dealership name. A new
license certificate shall be issued upon approval of such change in dealership
name, pursuant to Rhode Island Gen. Laws §31-5-8, as
amended. It shall be clearly understood that whether or not the new dealership
name is that of a corporation, the licensee shall remain responsible for any
prior happenings under that dealer license number.
J. Returned Checks
1. In the event a dealer provides the DMV
with a check that is returned for insufficient funds, a fee of thirty-five
dollars ($35.00) will be charged in addition to interest on the original amount
of the check. Interest shall be in the amount of one percent (1%) per month.
Failure to make good on a returned check, including paying all applicable fees
and interest, may result in suspension or revocation of the dealer's license or
imposition of a fine.
Disclaimer: These regulations may not be the most recent version. Rhode Island may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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